Title 6

ANIMALS

Chapters:

6.04 Definitions

6.08 Dog Licenses

6.12 Control and Impoundment of Dogs

6.14 Noisy Animals

6.16 Rabies Control

6.20 Undomesticated Animals

6.24 Penalty

6.28 Vicious Animals

Chapter 6.04

DEFINITIONS

Sections:

6.04.010 Generally.

6.04.020 Dog.

6.04.030 Owner.

6.04.040 Unlicensed dog

6.04.010 Generally. For the purposes of this title, certain words and phrases are defined, and certain provisions shall be construed, as set out in this chapter, unless it is apparent from their context that a different meaning is intended.

6.04.020 Dog. “Dog” includes any animal of the canine family, and includes female as well as male dogs, except when otherwise specifically provided in this title.

6.04.030 Owner. Any person, other than a veterinarian or an operator of a kennel, keeping or harboring a dog for a least fifteen consecutive days is the “owner” of such dog within the meaning of this title.

6.04.040 Unlicensed dog. “Unlicensed dog” means a dog subject to licensing and registration under this title, for which the license for the current year has not been paid or to which the license tag provided for in this title is not attached.

Chapter 6.08

DOG LICENSES

Sections:

6.08.010 License and registration--Required--Fee.

6.08.020 License and reqistration--Exemptions.

6.08.030 License and registration--Deadline--Penalty for delinquency.

6.08.040 Tag--Collar.

6.08.050 Nontransferability--Refunds.

6.08.060 Tag--Duplicate.

6.08.070 Enforcement.

6.08.080 Amendments by resolution

6.08.010 License and registration--Reguired--Fee. A. All dogs more than four months old kept, harbored or maintained by their owners in the city shall be licensed and registered; and their owners are required to have them licensed and registered as provided in this chapter.

B. Dogs shall be registered with, and dog licenses shall he issued by the city clerk or other designated agency, on payment of a license fee of twelve dollars for each dog, except that the fee shall be six dollars for a dog if a certificate is presented from a licensed veterinarian that the dog has been altered. Said fee shall be for the period August 1st through July 31st of each year.

6.08.020 License and registration--Exemptions. The license and registration provisions of this chapter shall not apply to dogs kept, harbored or maintained in the city by owners who are nonresidents temporarily within the city, if kept, harbored or maintained in the city only during such temporary sojourn of their owners, nor to dogs brought into the city for the purpose of participating in any dog show or exhibition.

6.08.030 License and registration--Deadline---Penaltv for delinquency. A. Application for license and registration shall be made annually between August 1st and August 31st of each year, or within thirty-one days after the dog becomes subject to licensing and registration under this chapter, whichever event occurs first.

B. In the event application for license and registration is not made within the time provided in this section, the license fee shall be double that which is otherwise provided in Section 6.08.010.

6.08.040 Tag--Collar. A. Upon payment of the license fee, a metallic tag shall be issued to the owner for each dog so licensed. The tag shall have stamped thereon the year for which it is issued and a serial number providing traceability.

B. Every owner shall be required to provide each dog with a collar or harness to which the license tag must be affixed, and shall see that the collar or harness and tag are worn at all times except when the dog is in or upon the premises of the owner.

6.08.050 Nontransferability--Refunds. Dog tags shall not he transferable from one dog to another; and no refunds shall be made on any dog license fee because of death of the dog or the owner leaving the city or the removal of the dog from the city before expiration of the license period.

6.08.060 Tag--Duplicate. In case a dog tag is lost or destroyed, a duplicate will be issued upon presentation of a certificate showing the payment of the license fee for the current year, and the payment of a one-dollar fee for such duplicate.

6.08.070 Enforcement. It is the duty of the chief of police to demand of each and every person, firm or corporation who owns or harbors a dog, within the limits of the city, the payment of the dog tax. Upon the refusal of such person, firm or corporation to pay the same, or to produce the tag showing payment of such tax, the chief of police shall at once make a complaint before the city judge or other judge or justice having jurisdiction, obtain a warrant for the arrest of such person, the members of such firm or the officers of such corporation, and prosecute the case. A failure to have the dog tag for the current year, showing the payment of the tax, shall be taken as evidence of the failure to pay such tax.

6.08.080 Amendments by resolution. The fees set by Section 6.08.010 may be changed by resolution of the city council.

Chanter 6.12

CONTROL AND IMPOUNIDMENT OF DOGS

Sections:

6.12.010 Running at large.

6.12.020 Committing nuisance.

6.12.030 Female dog in heat--prohibited on public and certain private property.

6.12.040 Female dog in heat--Impoundment.

6.12.050 Vicious dogs.

6.12.060 Impoundment--Authorized--Procedure

6.12.070 Impoundment--Notice to owner.

6.12 080 Impoundment--Redemption.

6.12.090 Impoundment--Care and disposition of dogs.

6.12.100 Amendments by resolution.

6.12.010 Running at large. No owner or keeper of a dog shall allow or permit such dog, whether licensed or unlicensed, to be or run at large within the city in or upon any public place or premises, or in or upon any private place or premises other than those of the owner or keeper except with the consent of the person in charge of the private place or premises, unless such dog is securely restrained by a substantial leash, not to exceed six feet in length, and is in the charge and control of a person competent to keep such dog under effective charge and control; provided, however, nothing in this title shall prevent a dog from being used without a leash in the conduct of obedience trials and training classes, or to herd, guard, gather or otherwise work domestic animals or fowl in or upon a public place or premises, so long as such dog is under the charge and control of a person competent to keep such dog under effective charge and control, and so long as such dog does not wrongfully harm or damage, or threaten to harm or damage, any person or public or private property. For purposes of this section, any dog in or upon any vehicle shall be deemed to be on the premises of the operator thereof.

6.12.020 Committing nuisance. No owner or keeper or person having custody or control of any dog shall allow or permit such dog to commit a nuisance on any public property, or any improved private property other than that of the owner, keeper or person who has accepted custody or control of such dog, provided that the foregoing shall not apply to street gutters. It shall be the duty of all persons having control of a dog to curb such dog in order to carry out the intent of this section.

6.12.030 Female dog in heat--prohibited on public and certain private property. No owner or keeper or person having custody or control of any unspayed female dog in heat shall allow or permit such dog to be on any public property or any improved private property other than that of the owner or keeper or person who has accepted custody or control of such dog. It shall be the duty of all persons having control of such a female dog to curb such dog in order to carry out the intention of this section.

6.12.040 Female dog in heat--Impoundment. No bitch, while in heat, shall be allowed to run at large in any of the public streets, alleyways or other public places in the city, with or without a tag; and it shall be the duty of the poundmaster to impound any such animal running at large as if unlicensed, and the owner of such animal shall be guilty of an infraction for permitting it to run at large.

6.12.050 Vicious dogs. A. Any dog which, on more than one occasion, has bitten or otherwise injured any person other than his owner or a trespasser upon private premises whereat such dog is kept, or any dog which has otherwise demonstrated vicious, dangerous and fierce propensities, is a vicious, dangerous and fierce dog; and it shall be the duty of the police department of the city, or other designated agency, to cause such vicious, dangerous and fierce dog to be impounded in the city pound or other suitable place designated for such purpose.

B. The keeping, harboring or maintaining in the city of any vicious, dangerous and fierce dog is contrary to the public health, welfare and safety and a public nuisance and, in addition to the foregoing methods of abatement of such nuisance, the same may be abated in any court of competent jurisdiction.

6.12.060 Impoundment--Authorized--Procedure. A. It shall be the duty of the police department of the city or other designated agency to apprehend or cause to be apprehended any dog found running at large contrary to the provisions of this title. Such dog shall be impounded in the city pound or other suitable place designated for such purpose.

B. Upon receipt of any dog for impounding, a complete registry shall be made, entering the breed, color and sex of such dog and whether or not licensed. If licensed, the name and address of the owner, and the number of the license tag, shall also be entered.

C. Licensed dogs shall be separated from unlicensed dogs.

6.12.070 Impoundment--Notice to owner. A. No later than two days after the impounding of any dog, the owner, if known, shall be notified thereof. Notice of such impoundment may be given by personal service upon the owner of such dog, or the notice may be given in writing by deposit of such notice in the United States mail, properly addressed at the last known address of the owner and postage prepaid.

B. Notice by mail is complete one day following the deposit thereof in the mail, if the address of such owner is within the city, and otherwise the notice is complete two days following deposit of such notice in the mail.

C. If the owner is unknown, written notice shall be posted not later than two days after the impounding of any dog for at least three days at a conspicuous public place at the city hall, describing the dog and the place and time of taking.

6.12.080 Impoundment--Redemption. A. The owner of any dog impounded as provided in this chapter may reclaim such dog upon payment of the license fee, plus any penalty for delinquency, if unpaid, and payment of charges for impounding and keeping such dog.

B. The following charges shall be made for impounding and keeping such dog:

1. Ten dollars for impounding any dog for the first time within any three-hundred-sixty-five-day period; twenty dollars for impounding any dog when the impoundment is the second such impoundment for said dog within any three-hundred-sixty-five-day period; forty dollars for impounding any dog when the impoundment is the third such impoundment for said dog within any three-hundred-sixty-five-day period; one hundred dollars for impounding any dog when the impoundment is the fourth such impoundment for said dog within any three-hundred-sixty-five--day period;

2. Three dollars and fifty cents per day for boarding and keeping said dog;

3. Two dollars for giving notice of impoundment;

4. Any veterinary fees incurred in the maintenance of said dog.

C. In the event any owner of an impounded dog fails to pay the redemption fees as set forth in this section and the dog is disposed of by the city pursuant to Section 6.12.090, the owner of the dog shall be liable to the city for the expense incurred by the city as set forth in subparagraphs 2, 3, and 4 of subsection B of this section.

6.12.090 Impoundment--Care and disposition of dogs. A. All impounded dogs shall be humanely cared for and shall be supplied with sufficient food, water and other necessary care.

B. All impounded dogs whose owners are known, and which owners have been given notice pursuant to Section 6.12.070, which dogs are not reclaimed, shall be kept for a period of one week after the giving of said notice. If, at the expiration of the period of one week, an impounded dog whose owner is known has not been claimed, or if, at the expiration of the three-day period for giving notice pursuant to Section 6.12.010, relating to impounded dogs whose owners are unknown, an impounded dog has not been reclaimed, it may be sold at public or private sale, humanely destroyed or given away as a house pet.

C. Notwithstanding any provision to the contrary set forth in this chapter, any impounded dog which is suffering from rabies or an incurable disease shall be forthwith humanely destroyed, and any impounded dog which is suspected of suffering from rabies or an incurable disease shall remain impounded for a sufficient period of time to determine whether or not it is in fact suffering from the diseases.

6.12.100 Amendments by resolution. The fees set by Section 6.12.080 may be changed by resolution of the city council.

Chapter 6.14

NOISY ANIMALS

Sections:

6.14.010 Definitions.

6.14.020 Noisy animals prohibited

6.14.030 Provocation.

6.14.040 Violations--penalties.

6.14.050 Citation.

6.14.060 Civil remedies

6.14.070 Severability.

6.14.010 Definitions. In this chapter, the following definitions shall apply:

“City” means the city of Weed.

“Person” means an individual, or a corporation or other associated group of individuals or business entities.

“Unreasonably noisy” means noise which is frequently, easily and readily heard on the property of other persons, and which would be disturbing to the normal peaceful use, occupancy or enjoyment, of the property of such other persons, considering the use to which the property is being put, the time of day and other relevant factors.

“Owner” also includes person who have possession or control of an animal.

6.14.020 Noisy animals prohibited. The owner of any animal shall not allow it to bark, howl, whine, or in any other way to be unreasonably noisy, as that term is defined in Section 6.14.010.

6.14.030 Provocation. An animal which is being provoked to make noise by the immediate visible or audible presence of the complaining party, other persons or animals, not within the control of the owner of the animal, shall not be deemed to be unreasonably noisy under this chapter.

6.14.040 Violations--Penalties. Prior to being issued a citation pursuant to Section 6.14.020, the owner of the offending animal shall be given a written warning thereof by any police or animal control officer within the city. Such warning notice may be personally delivered to the person in apparent control of the animal, mailed to the owner or mailed to the address where the animal is located, or any combination thereof. Upon any violation thereof after the required written warning has been given, the owner of the offending animal shall be liable for a fine up to one hundred dollars. Upon second or subsequent violation thereof, the owner of the animal shall be liable for up to the maximum fine then specified by state law for punishment of infractions.

6.14.050 Citation. Any person who shall violate this chapter shall be cited to appear in court to answer the same by method described in Penal Code Section 853.5, or any successor thereto. The citations may be issued upon the complaint of a private person pursuant to Penal Code Section 849, or any successor thereto, if the offense is not committed in the presence of a police officer.

6.14.060 Civil remedies. Any affected person may bring a civil action against the owner of an animal, based on violation of this chapter, seeking legal and/or equitable relief, if such action is otherwise permitted under the law. Nothing in this chapter shall be deemed to create a cause of action against the city.

6.14.070 Severability. If any part of this chapter is found to be unenforceable, the other parts shall remain in force insofar as they can be given meaning and effect.

Chapter 6.16

RABIES CONTROL

Sections:

6.16.010 Vaccination required.

6.16.020 Revaccination.

6.16.030 Certificate of vaccination issuance--Tag.

6.16.040 Certificate of vaccination--Prerequisite to obtaining license.

6.16.010 Vaccination required. Every person keeping, harboring or having a dog over the age of four months in the city shall cause such dog to be vaccinated with rabies vaccine within a period of six weeks from the date of harboring, keeping or having the dog within the city, or from the date the dog attains the age of four months; provided, however, that the aforesaid provision shall not apply so as to require the vaccination of any dog which has been vaccinated with a chick embryo vaccine by a person licensed by the state of California, or by any other state or nation, to practice veterinary medicine where such vaccination has been completed within the period of time hereinafter prescribed in this section. If chick embryo vaccine was used in such vaccination, it must have been completed within two years prior to the date such dog was kept, harbored or brought into the city. If tissue phenolized vaccine was used, such vaccination must have been completed within one year prior to the date such dog was kept, harbored or brought into the city.

6.16.020 Revaccination. A. Every person keeping, harboring or having a dog in the city, which has been vaccinated with chick embryo vaccine shall cause such dog to be revaccinated within a period of not more than two years after such prior vaccination.

B. Every person keeping, harboring or having a dog in the city which has been vaccinated with tissue phenolized vaccine shall cause such dog to be revaccinated with rabies vaccine within a period of not more than one year after such prior vaccination.

6.16.030 Certificate of vaccination issuance--Tag. A. Every person practicing veterinary medicine in the city who vaccinates a dog with rabies vaccine shall issue to the person keeping, harboring or having such dog a certificate, which is signed by the veterinarian, and which states thereon the name and description of the dog, the date of such vaccination and type of vaccine used; and said veterinarian shall send a duplicate copy of the certificate to the city clerk.

B. Also, the veterinarian shall issue a metallic serialized tag, suitable for attachment to a dog collar, which will provide traceability for the vaccine and the vaccination.

6.16.040 Certificate of vaccination--Prerequisite to obtaining license. A. Every person applying for a dog license to the city clerk must exhibit a certificate, issued by a person licensed, by the state of California or any other state or nation, to practice veterinary medicine, which certificate shows that the dog for which the license is to be issued either has been vaccinated, in accordance with the provisions of Sections 6.16.010 and 6.16.020, or should not be vaccinated with rabies vaccine, by reason of infirmity or other disability, which disability is shown on the face of such certificate and to the satisfaction of the person issuing the license to be in effect at the time of the license application.

B. A license for such dog shall not be issued unless and until such a certificate is so exhibited.

C. Kennel licenses may be issued without such certificate; provided, however, no dog may be sold or removed from the kennel without complying with the provisions of Sections 6.16.010 and 6.16.020.

Chapter 6.20

UNDOMESTICATED ANIMALS

Sections:

6.20.010 Skunks.

6.20.010 Skunks. It shall be unlawful to:

A. Trap or capture skunks for pets;

B. Hold skunks in captivity for sale, barter, exchange or gift; and

C. Transport skunks from or into the city, except by express permit of the California Department of Health.

Chapter 6.24

PENALTY

Sections:

6.24.010 Violation deemed infraction--Penalty.

6.24.010 Violation deemed infraction--Penalty. Every owner, claimant or keeper of any dog who violates any of the provisions of this title is guilty of an infraction, and, upon conviction, is subject to fine not exceeding fifty dollars for first violation of this title within one year, a fine not exceeding one hundred dollars for a second violation of this title within one year, and a fine not exceeding two hundred fifty dollars for each additional violation of this title within one year.

Chapter 6.28

VICIOUS ANIMALS

Sections:

6.28.010 Vicious animal defined.

6.28.020 Impoundment--Notification of owner.

6.28.030 Impoundment--Disposition of animal.

6.28.040 Impoundment--Destruction of animal--Notice-- Appeal.

6.28.050 Impoundment--Destruction of animal--Notice and appeal--Decision of city council.

6.28.060 Impoundment--Destruction of animal--Notice and appeal--Further action by chief animal control officer.

6.28.070 Impoundment--Fees.

6.28.080 Harboring prohibited.

6.28.010 Vicious animal defined. A. Any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior is rebuttably presumed vicious:

1. An attack without provocation on another animal or livestock which occurs off the property of the owner of the attacking animal;

2. An attack, without provocation, that results in an injury to a person in a place where such person is conducting himself peaceably and lawfully.

B. For purposes of this section, a person is peaceably and lawfully upon the private property of an owner of the animal when he is on such property in the performance of any duty imposed upon him by the laws or postal regulations of the United States, or when he is on such property upon invitation, express or implied.

5.28.020 Impoundment-~Notificat±on of owner. The chief animal control officer shall cause any vicious animal to be impounded and shall, within seventy-two hours after such impoundment notify the owner, if known, that the animal has been impounded under the provisions of this section.

6.28.030 Impoundment--Disposition of animal. The chief animal control officer may do any of the following with regard to a vicious animal:

A. Retain such animal for purposes of observation for a period of not to exceed thirty days;

B. Release such animal to the control of its owner upon such conditions as may be reasonably required to insure the public safety;

C. Cause such animal to be destroyed if, in his opinion the release of such animal would create a threat to the public safety.

6.28.040 Impoundment--Destruction of animal--Notice--Appeal. A. In the event the chief animal control officer determines that a vicious animal is to be destroyed pursuant to the provisions of Section 6.28.030(C), he shall notify the owner of such animal at least ten days in advance of his intended action, and further inform such owner of his right to appeal as provided in this section.

B. The owner of such animal may, prior to the date upon which the animal is to be destroyed, appeal the determination of the chief animal control officer to the city council by filing a notice of such appeal with the city clerk.

C. After receipt of the notice of appeal, the city clerk shall calendar the same for hearing by the city council and shall notify the owner and the chief animal control officer of such action.

D. The chief animal control officer shall not thereafter destroy such animal until the city council shall have first heard the appeal and rendered its decision.

E. Any owner of a vicious animal failing to appear after notice as herein provided shall be deemed to have waived any right in or claim upon such animal or to claim any damages or other relief by reasons of any action by the chief animal control officer pursuant to this chapter.

6.28.050 Impoundment--Destruction of animal--Notice and appeal--Decision of city council. After hearing testimony from all interested parties as it may deem proper, the city council may:

A. Uphold the decision of the chief animal control officer and order the animal destroyed;

B. Order the return of the animal to its owner and impose such conditions upon such return as may be reasonably necessary to insure the public safety. Conditions such as, but not limited to, the following may be ordered:

1. To keep the animal confined on his premises in an enclosure approved by the administrator,

2. To keep the animal securely muzzled, leashed and under the control of a person eighteen years of age or older, and who is physically capable of restraining the animal when the animal is off his property,

3. A violation of this agreement will result in the animal being impounded and destroyed,

4. To prove financial responsibility by posting a bond or certificate of insurance for the amount of ten thousand dollars or more,

5. To inform, along with animal control, any city, county, postmaster, utility company, meter readers, and anyone else who comes on the property with implied consent or peaceably and lawfully of the animal’s viciousness if the animal is moved into an area;

C. Take such other action as it may reasonably find necessary to protect the public safety, including a continuation of the impoundment of such animal for a period not to exceed thirty days from the date of the heating.

6.28.060 Impoundment--Destruction of animal--Notice and appeal--Further action by chief animal control officer. After the decision of the city council has been rendered as provided in Section 6.28.050, the chief animal control officer shall take action as is necessary to carry out such decision.

6.28.070 Impoundment--Fees. No fee shall be charged for the impoundment of any animal under Section 6.28.020; provided, however, that in the event the animal is impounded pursuant to other provisions of this chapter, the fees applicable to those provisions shall apply for the period during which the animal was or could have been impounded solely under such other provision.

6.28.080 Harboring prohibited. No person shall knowingly harbor or hide or cause to be harbored or hidden any known vicious animal and shall surrender any such animal to the chief animal control officer, his assistants or deputies upon demand.